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General Rules for Political Signs

posted Oct 31, 2012, 12:26 PM by Domain Admin   [ updated Feb 5, 2013, 11:34 AM ]

https://263d7700-a-40c4d3c0-s-sites.googlegroups.com/a/farmingtonhoa.org/farmington-now/announcements/_draft_post/political%20sign.png?attachauth=ANoY7cpR7k1uVm7pzTGlfpLzLPXxUMUgHNCx9pVxdGvHozbvlJY0QmXTEXJPMdj0m1GzKBFjz0qT_8mPqr7KwD71YIn0jydcyXtFUKaZUGhwc1egb8bxPu1a9REiFSEfyjGdBiIIgMWg1fnn1dT-wfXydWzJ-zA0hpA15ZrykPhFT4ia10yQXgBr0CgYmc3hmjOwAcrIPHvXW6ok5Ji_FWOla2i9l2EcQqS4RrVpA7Y6VdLCmZKw0zLgk8iFY9_9gxEVbv3bqBquqQOp2snTyPJFQ6W-A4SQgg%3D%3D&attredirects=0These are the general rules for POLITICAL SIGNAGE:

1.         The Association can likely do what it wants through rules and regulations to prohibit or govern signs on COMMON AREA.

2.         As to regulations or prohibitions of signs on lots or units, there are two prongs:

a.         If the Declaration was filed prior to 10/1/05, the document must use the term “political signs” to regulate or prohibit signs.

b.         If the Declaration was filed on 10/1/05 or later, the document must have “THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS” on the first page in bold, capital, and letters no smaller than the largest print in the Declaration to regulate or prohibit political signs (how’s that for detailed?).

So, a carefully drafted Declaration with specific wording can regulate or prohibit political signs altogether.

3.         If the Declaration regulates or prohibits political signs but does not use the specific language required by statute, political signs are allowed.  Even so, depending on the language of the Declaration, an association can:

a.         prohibit the display of political signs earlier than 45 days before the election and after seven days following the election.

b.         regulate the size and number of political signs that may be placed on a member's property if the association's regulation is no more restrictive than any applicable city, town, or county ordinance that regulates the size and number of political signs on residential property.  (If there is no governmental restriction on political signs, the association must allow at least one sign with maximum dimensions of 24 inches by 24 inches.)

 

 

 

Statute:

§ 47F 3 121.  American and State flags and political sign displays.

Notwithstanding any provision in any declaration of covenants, no restriction on the use of land shall be construed to:

(1)       Regulate or prohibit the display of the flag of the United States or North Carolina, of a size no greater than four feet by six feet, which is displayed in accordance with or in a manner consistent with the patriotic customs set forth in 4 U.S.C. §§ 5 10, as amended, governing the display and use of the flag of the United States unless:

a.         For restrictions registered prior to October 1, 2005, the restriction specifically uses the following terms:

1.         Flag of the United States of America;

2.         American flag;

3.         United States flag; or

4.         North Carolina flag.

b.         For restrictions registered on or after October 1, 2005, the restriction shall be written on the first page of the instrument or conveyance in print that is in boldface type, capital letters, and no smaller than the largest print used elsewhere in the instrument or conveyance. The restriction shall be construed to regulate or prohibit the display of the United States or North Carolina flag only if the restriction specifically states: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA".

This subdivision shall apply to owners of property who display the flag of the United States or North Carolina on property owned exclusively by them and does not apply to common areas, easements, rights of way, or other areas owned by others.

(2)       Regulate or prohibit the indoor or outdoor display of a political sign by an association member on property owned exclusively by the member, unless:

a.         For restrictions registered prior to October 1, 2005, the restriction specifically uses the term "political signs".

b.         For restrictions registered on or after October 1, 2005, the restriction shall be written on the first page of the instrument or conveyance in print that is in boldface type, capital letters, and no smaller than the largest print used elsewhere in the instrument or conveyance. The restriction shall be construed to regulate or prohibit the display of political signs only if the restriction specifically states: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS".

Even when display of a political sign is permitted under this subdivision, an association (i) may prohibit the display of political signs earlier than 45 days before the day of the election and later than seven days after an election day, and (ii) may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is no more restrictive than any applicable city, town, or county ordinance that regulates the size and number of political signs on residential property. If the local government in which the property is located does not regulate the size and number of political signs on residential property, the association shall permit at least one political sign with the maximum dimensions of 24 inches by 24 inches on a member's property. For the purposes of this subdivision, "political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing an issue on the election ballot. This subdivision shall apply to owners of property who display political signs on property owned exclusively by them and does not apply to common areas, easements, rights of way, or other areas owned by others. (2005 422, s. 8; 2006 226, s. 15(b).)

 

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Domain Admin,
Oct 31, 2012, 12:26 PM
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